Case Details

Citation(s)
1983 SLG 1713 1983 SLD 1713 1983 PLC 737
Service Tribunal, Punjab
Case No. 277/2016 of 1982, decided on 17th February, 1983.
ABDUL HAMID CHAUDHRY, MEMBER

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Sh. MEHMOOD AHSAN

VS

DEPUTY COMMISSIONER, BAHAWALNAGAR AND ANOTHER

Law:

Section:

Civil service- --Promotion-Against ex-cadre post-Creates no right in regular cadre-Posting against original substantive post in respective regular cadre on repatriation from higher ex-cadre post, held not exception­able. Sh. Abdul Qayyum for Appellant. Haroon-ur-Rashid Cheema, District Attorney for Respondents. JUDGMENT Sheikh Mehmood Ahsan, Senior Clerk, Office of the Deputy Commissioner. Bahawalnagar has made this appeal under section 4 of the Punjab Service Tribunals Act, 1974 wherein he has requested for setting aside the reversion order dated 2-9-1976, passed by respondent No. 1 and order dated 26-4-1982, passed by respondent No. 2. He has impleaded the Deputy Commissioner, Bahawalnagar and the Commissioner, Bahawal­par Division, Bahawalpur as respondents in this appeal. 2. Brief facts of the case are that the appellant was working as Senior Clerk in the office of the Deputy Commissioner, Bahawalnagar. He was promoted and appointed as Assistant in the Land Reform; Branch on purely temporary basis against the ex-cadre post vide, order dated 16-5-1972 of Deputy Land Commissioner, Bahawalnagar. The appellant worked as such and he was appointed vide order dated, 13th July, 1976 as Assistant in the Secretariat of Punjab Land Commission, Lahore on deputation. He joined on this post but was reverted back to the office of the Deputy Commissioner, Bahawalnagar, his parent Depart­ment, on his request, w.e.f. 25th August, 1976. On his reversion from the Punjab Land Commission, Lahore, the appellant was allowed to resume his duties as Senior Clerk, his original post by Deputy Commissioner, Bahawalnagar vide his order dated 2-9-1976. Being aggrieved of this order, he made an appeal to respondent No. 2 i e. Commissioner, Bahawalpur Division, Bahawalpur which was rejected vide his order dated 26-4-1982. Hence this appeal. 3. I hive heard the arguments of the parties. The learned counsel for the appellant has taken the plea that the appellant was promoted as an Assistant on 16-5-1972. He was sent on deputation in July, 1976 to the Punjab Land Commission at Lahore and on his reversion in August, 1976, he should have been allowed to continue as Assistant in the Land Reform…
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